Criminal Law Terms

Question 1

actus reus (‘guilty act’)

Answer 1

an action: criminal cases must involve a voluntary physical action
an omission: failing to do something can be considered a wrongful act (neglect)

Question 2

mens rea (‘guilty mind’)

Answer 2

intent: a state of mind in which someone desires to carry out a wrongful action
motive: the reason that a person commits a crime
knowledge: awareness of certain facts that can be used to establish mens rea

Question 3

crime

Answer 3

any act that is prohibited and punishable by federal stature

Question 4

first degree murder

Answer 4

killing that is planned and deliberate (25 years - life)

Question 5

second degree murder

Answer 5

any killing not classified as the first degree, a crime of passion (25 years, eligible for parole after 10 years)

Question 6

manslaughter

Answer 6

any culpable homicide not classified as murder, accidental killing (life, parole after 5 years)

Question 7

assault

Answer 7

being threatened or actual physical contact without consent (level 1: 5 years)

Question 8

sexual assault with a weapon

Answer 8

sexual assault that involves the use of weapons, threats or physical injury (level 2: 14 years)

Question 9

infanticide

Answer 9

the killing on a newborn infant (5 years)

Question 10

aiding

Answer 10

a criminal offence which involves helping a perpetrator commit a crime
the person does not need to be present when the crime is committed

Question 11

abetting

Answer 11

the crime in encouraging the perpetrator to commit an offence without actually providing physical assistance

Question 12

party to an offence

Answer 12

people not directly involved in a crime but are considered partly responsible for it. These people somehow assisted the perpetrator to commit the crime

Question 13

accessory after the fact

Answer 13

a person knowingly receives, comforts, or assists a perpetrator escaping from the police

Question 14

attempt

Answer 14

the intention to commit a crime, even when the crime is not completed. it does not require actus reus, but a guilty act begins when preparation turns into attempted action and mens rea is established as occurring at the beginning of the attempt

Question 15

conspiracy

Answer 15

an agreement between two or more people to carry out an illegal act, even if the crime does not occur

Question 16

judge’s role

Answer 16

interpret the law, assess the evidence presented, and control how hearings and trails unfold in all courtrooms. More importantly, they make the final, impartial decision

Question 17

summary offence

Answer 17

less serious offences that typically results in a maximum of 6 months in jail. Example include: indecent phone calls, public mischief

Question 18

indictable offence

Answer 18

more serious offences that result in a maximum sentence of 25 years in jail. Example include arson, breaking and entering, dangerous driving causing death

Question 19

hybrid offence

Answer 19

an offence that can be treated as either a summary or indictable offence. Example include theft under, some assaults (simple, assault causing bodily harm, assault with a dangerous weapon, sexual assault)

Question 20

quasi criminal offence

Answer 20

an offence that is committed under a provincial statute instead of the criminal code of Canada. Examples include: underage drinking, jaywalking

Question 21

counselling

Answer 21

a crime that involves advising, recommending, or persuading another person to commit a criminal offence